Alfonso Bernard Moore, Appellant, v. State of Florida, Appellee. (2025)

District Court of Appeal of Florida, Fifth District.

Alfonso Bernard Moore, Appellant, v. State of Florida, Appellee.

Case No. 5D2024-1271

Decided: December 05, 2025

Matthew J. Metz, Public Defender, and Ryan M. Belanger, Assistant Public Defender, Daytona Beach, for Appellant. James Uthmeier, Attorney General, and Miranda L. Butson, Assistant Attorney General, Tallahassee, for Appellee.

As to the first issue, regarding admission of evidence, that Alfonso Bernard Moore (“Appellant”) raises on direct appeal, we affirm without further discussion. As to his second issue, Appellant claims that having the judge rather than a jury determine the underlying facts of whether he qualified for designation and sentencing as a Habitual Violent Felony Offender pursuant to section 775.084(1)(b), Florida Statutes, is contrary to Erlinger v. United States, 602 U.S. 821 (2024), and thus unconstitutional. We affirm on this issue because if there was any error regarding the application of Erlinger, the record before this Court demonstrates conclusively that it was harmless error. See Capra v. State, 403 So. 3d 1063, 1064 (Fla. 5th DCA 2025).

Affirmed.

Per Curiam.

Lambert, Edwards, and Kilbane, JJ., concur.

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